[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR99.21]



[Page 322-323]

 

                           TITLE 34--EDUCATION

 

PART 99_FAMILY EDUCATIONAL RIGHTS AND PRIVACY--Table of Contents

 

    Subpart C_What Are the Procedures for Amending Education Records?

 

Sec.  99.21  Under what conditions does a parent or eligible student 

have the right to a hearing?



    (a) An educational agency or institution shall give a parent or 

eligible student, on request, an opportunity for a hearing to challenge 

the content of the student's education records on the grounds that the 

information contained in the education records is inaccurate, 

misleading, or in violation of the privacy rights of the student.

    (b)(1) If, as a result of the hearing, the educational agency or 

institution decides that the information is inaccurate, misleading, or 

otherwise in violation of the privacy rights of the student, it shall:

    (i) Amend the record accordingly; and

    (ii) Inform the parent or eligible student of the amendment in 

writing.

    (2) If, as a result of the hearing, the educational agency or 

institution decides that the information in the education record is not 

inaccurate, misleading, or otherwise in violation of the privacy rights 

of the student, it



[[Page 323]]



shall inform the parent or eligible student of the right to place a 

statement in the record commenting on the contested information in the 

record or stating why he or she disagrees with the decision of the 

agency or institution, or both.

    (c) If an educational agency or institution places a statement in 

the education records of a student under paragraph (b)(2) of this 

section, the agency or institution shall:

    (1) Maintain the statement with the contested part of the record for 

as long as the record is maintained; and

    (2) Disclose the statement whenever it discloses the portion of the 

record to which the statement relates.



(Authority: 20 U.S.C. 1232g(a)(2))



[53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59296, Nov. 21, 1996]